Privacy Risk Report



Walk the Plank: Court Finds Pirated Cable Programming Not “Data” in Multimedia Liability Policy

In Ellicott City Cable LLC v. AXIS Ins. Co., the U.S. District Court for the District of Maryland held the term “data” did not include cable television programming that was accessed without DirecTV’s authorization. The definition of “data” became the… Continue Reading →

Spokeo Decision Already Having “Concrete” Impact on Data Breach Class Action Litigation

On May 16, 2016, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, a highly-contested circuit court split over the question of how to establish standing in federal courts under Article III. In ruling for the data-gathering company,… Continue Reading →

Highway Robbery: Michigan Legislature Debates Penalties for Hacking Motor Vehicles

As if rush hour traffic was not bad enough, last summer drivers learned that gadgets making life on the road easier could present cyber security concerns. Specifically, a lawsuit was filed against Jeep, based on allegations that Chrysler issued a… Continue Reading →

P.F. Chang’s Decision Establishes 7th Circuit as Friendly Territory for Data Breach Plaintiffs

On April 14, 2016 the 7th U.S. Circuit Court of Appeals issued its opinion in Lewert v. P.F. Chang’s China Bistro, Inc. where it held, once again, that data breach class action plaintiffs suffered damages that “were concrete and particularized… Continue Reading →

Early Observations in Portal Healthcare Decision: CGL Coverage for Cyber Claims?

Over the last couple of years, courts have struggled with whether cyber claims could trigger coverage under commercial general liability (CGL) insurance policies. While courts have found most cyber claims will not be covered as “bodily injury” or “property damage”… Continue Reading →

The Rise of Ransomware and Cyberbullying Insurance

Over the last few years, cyber security has focused on incidents where there is no contact with the criminal. That is, a data breach would occur and the criminal would be long gone before the victim knew there was an… Continue Reading →

Still A Lot to Learn From Numerous Healthcare Breaches

Even though there seems to be a breach in the healthcare industry every week, there is still a lot to learn from these patient information breaches. For example, a recent breach at 21st Century Oncology demonstrates important issues concerning the… Continue Reading →

Low-Tech Solutions To High-Tech Cyber Security Problems

IBM and the Ponemon Institute estimate the per-record cost of a data breach reached $154. While there have been a number of studies related to the expense of a data breach, there is little information about the cost of cyber… Continue Reading →

Auto Insurers Must Stay on Course With Driverless Vehicle Developments

“Connected,” or driverless vehicles will be a reality in the near future (see previous coverage on litigation related to hacking vehicles and data breach concerns related to smart vehicles). Not only are automobile manufacturers and government entities preparing for connected… Continue Reading →

Anatomy of a Cyber Fraud Incident: Recent Fraud Impacts Company’s Bottom Line Within a Few Weeks

Cyber incidents are an unfortunate common occurrence in today’s marketplace and can negatively impact a company’s bottom line. A recent cyber incident shows just how quickly that can happen. In January 2016, there were a number of reports concerning a cyber… Continue Reading →

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